Terms and Conditions

1. About these terms

These Terms and Conditions ("Terms") govern the use of Zwoot CRM (the "Service"), provided by Zwoot OÜ, registry code 14260963, Kursi 3, Tallinn 10415, Estonia ("Zwoot", "we", "us").

By creating an account or using the Service, you accept these Terms on behalf of the organisation you represent (the "Customer"). You confirm that you are authorised to bind that organisation. The Service is intended for business use only and is not offered to consumers.

2. Definitions

• Service: the Zwoot CRM software, available at app.zwootcrm.com, and related services.
• Customer: the organisation that registers for and uses the Service.
• User: any person invited by the Customer to use the Service on its behalf.
• Customer Data: all data that the Customer or its Users enter into or upload to the Service.
• Custom Project: customisation, integration, migration, onboarding or training work agreed separately between Zwoot and the Customer.

3. Account

The Customer must provide accurate registration details and keep them up to date. The Customer is responsible for all activity under its account, for the actions of its Users and for keeping sign-in credentials confidential. We recommend that all Users enable two-factor authentication. The Customer must notify us without undue delay of any unauthorised use of its account.

4. Plans and fees

Sign-up and the Essentials features of the Service are free of charge. Custom Projects are priced individually and are subject to a separate written agreement or accepted offer. If such an agreement conflicts with these Terms, the separate agreement prevails.

The Essentials package uses a standard set of providers and integrations, including Amazon Web Services for email and backups, and Google Analytics and Microsoft Clarity for usage analytics. In a Custom Project, the Customer may choose to disable or replace any of these providers and integrations. The chosen configuration is set out in the separate agreement.

We may introduce fees for features that are currently free. We will give the Customer at least 30 days' notice before any fee applies, and the Customer may terminate the use of the Service before the change takes effect.

5. Acceptable use

The Customer and its Users must not:

• use the Service in breach of applicable law, including data protection and anti-spam laws;
• upload content that is unlawful, infringes the rights of others or contains malicious code;
• attempt to gain unauthorised access to the Service, other accounts or the underlying systems;
• interfere with or disrupt the integrity or performance of the Service;
• reverse engineer, copy or resell the Service, except as permitted by mandatory law;
• use the Service to build a competing product.

6. Customer Data and EU data location

The Customer retains all rights to Customer Data. We use Customer Data only to provide, secure and support the Service in accordance with the Customer's instructions and these Terms.

All Customer Data is hosted, processed and backed up exclusively within the European Union. We do not transfer Customer Data outside the European Economic Area. Our infrastructure and sub-processors are listed in our Privacy Policy.

Usage analytics in the Essentials package processes only pseudonymous usage data, never Customer Data. If, in a Custom Project, the Customer chooses a provider located outside the European Union, that provider is used at the Customer's request and the EU data location commitment applies as set out in the separate agreement.

The Customer is responsible for the lawfulness of the Customer Data, including having a valid legal basis for processing personal data of its own customers and contacts in the Service.

7. Data processing

Where Zwoot processes personal data contained in Customer Data, the Customer is the controller and Zwoot is the processor within the meaning of Article 28 of the GDPR. This section forms the data processing agreement between the parties. Zwoot will:

1. process personal data only on the Customer's documented instructions, which are given by these Terms and by the Customer's use of the Service;
2. ensure that persons authorised to process personal data are bound by confidentiality;
3. implement appropriate technical and organisational security measures under Article 32 of the GDPR;
4. engage for Customer Data only the sub-processors listed in the Privacy Policy that are located in the EU, or providers chosen by the Customer in a Custom Project, bind them by equivalent data protection obligations, and inform the Customer in advance of any intended change so that the Customer can object;
5. assist the Customer in responding to data subject requests and in meeting its obligations under Articles 32 to 36 of the GDPR;
6. notify the Customer without undue delay after becoming aware of a personal data breach;
7. delete or return all personal data at the end of the Service, at the Customer's choice, unless retention is required by law;
8. make available the information necessary to demonstrate compliance with Article 28 and allow for audits on reasonable prior notice.

The subject matter of the processing is the provision of the Service. Its duration is the term of the Customer's use of the Service. The categories of data subjects and personal data are those the Customer chooses to store in the Service, typically contact persons of the Customer's customers, leads and partners.

8. AI features

The Service may offer optional features based on artificial intelligence, provided through our EU-based sub-processor Mistral AI. AI-generated output may be inaccurate or incomplete. The Customer is responsible for reviewing output before relying on it. Customer Data is not used to train AI models.

9. Availability and support

We aim to keep the Service available at all times, but we do not guarantee uninterrupted availability for the free Essentials features. We may carry out maintenance, and we will try to announce planned maintenance in advance. Service levels for Custom Projects may be agreed separately. Support is provided by email at hello@zwootcrm.com.

We may develop and change the Service over time. We will not materially reduce the core functionality of the Service without reasonable prior notice.

10. Intellectual property

Zwoot and its licensors own all rights to the Service, including its software, design and documentation. We grant the Customer a non-exclusive, non-transferable right to use the Service for its internal business purposes for the duration of these Terms. Rights to deliverables of Custom Projects are governed by the separate agreement.

If the Customer gives us feedback or suggestions, we may use them to improve the Service without obligation.

11. Confidentiality

Each party will keep confidential the non-public information it receives from the other party and use it only for the purposes of these Terms. This obligation does not apply to information that is publicly available, was already known to the receiving party, or must be disclosed by law.

12. Suspension and termination

The Customer may stop using the Service and close its account at any time. We may terminate the provision of free features with 30 days' notice.

We may suspend or terminate access immediately if the Customer or its Users materially breach these Terms, if required by law, or if necessary to protect the security of the Service or other customers.

Before the account is closed, the Customer may export its Customer Data. Customer Data is deleted within 30 days after termination, and removed from backups as they are overwritten, unless retention is required by law.

13. Disclaimer

To the extent permitted by law, the Service is provided "as is" and "as available". We do not warrant that the Service will be error-free or meet every specific requirement of the Customer.

14. Limitation of liability

Neither party is liable for indirect or consequential damages, including loss of profit, revenue or business opportunities. Zwoot's total liability arising from these Terms is limited to the amounts paid by the Customer to Zwoot in the 12 months preceding the event giving rise to the claim, or 100 euros if no amounts were paid.

These limitations do not apply to damage caused intentionally or through gross negligence, or where liability cannot be limited under applicable law.

15. Changes to these terms

We may amend these Terms. We will notify Customers of material changes by email or within the Service at least 30 days before they take effect. If the Customer does not accept the changes, it may terminate the use of the Service before they take effect. Continued use after that date constitutes acceptance.

16. Governing law and disputes

These Terms are governed by the laws of the Republic of Estonia. The parties will first try to resolve disputes through negotiation. If this fails, disputes are resolved by Harju County Court (Harju Maakohus) in Tallinn, Estonia.

17. Contact

Zwoot OÜ, Kursi 3, Tallinn 10415, Estonia, hello@zwootcrm.com.